Leona Shala (Student)

During this pandemic, a lot of people have been struggling financially due to being made redundant or there being less work available. This has had an impact on an individual’s ability to pay their rent or mortgages. Tenants have had threats of eviction from landlords due to not being able to pay their rent and have been faced with the worry of potentially being evicted.

Eviction is the legal process used by a landlord who wants his or her tenants to leave their property for any specific reason. If the tenancy has come to an end, then the landlord will have to issue a Section 21 notice; this is called a “no-fault eviction” as the landlord does not have to give a reason for their decision.

The Government announced, at the beginning of March lockdown, that there was to be a ‘complete ban on evictions’. This was a relief to many tenants struggling to pay their rent. The Government has also increased the minimum notice period from two to six months which will continue to at least March 2021. Clearly there is a balancing act to ensure that Landlords are not prejudiced by this as they may also be suffering with financial difficulties but the Government is clearly trying to ensure that fewer people are made homeless during the pandemic.

At Staffordshire Legal Advice Clinic (SULAC) we offer free legal advice on property related matters. Students are supervised by a qualified solicitor. If you wish to book an appointment with us then please either call us on 01782294800 or alternatively email us at SULAC@staffs.ac.uk .

Millie Parkes (Student)

In a recent case a 41-year-old qualified solicitor, was denied continued access to his parents’ funding due to their relationship deteriorating.

Although judges have powers to order parents to provide financial support based on laws regarding marriage and children, in this case, the judge found there was no case in this instance. Sir James Munby, the Judge on this case described the case as ‘most unusual’ and ‘unprecedented’ to his knowledge.

The Claimant is said to have a degree in modern history, a master’s degree in taxation and is a qualified solicitor. This evidently intelligent man has however been unemployed since 2011 due to ‘various difficulties and mental health disabilities.’ In light of this, his parents, who were very wealthy, provided him with financial assistance allowing him to reside in a Central London flat that they own, and paid for some of his bills The man claimed that his parents had “nurtured his dependency”.

The man’s appeal was rejected by the courts on the basis that an adult child ‘should not be able to take his parents to court to obtain finance.’ It was argued that provisions in the Matrimonial Causes Act 1973, the Children Act 1989 and under human rights law allowed payments to support young children and sometimes adults if they are still in education or if they had special circumstances including a disability. The court said this did not apply in this case.

This court found that these provisions could only be applied when a court order for financial support had already been made when the child was young, and when the parents are not living with each other – which was not the case for the man.

Staffordshire University Legal Advice Clinic (SULAC) offers free legal advice on all financial matters relating to children and divorce SULAC is currently offering appointments online via Microsoft Teams due to the global pandemic. For more information, or to book an appointment please contact: SULAC@staffs.ac.uk or call on 01782 294800.

Charmaine Watkins (Student) 

 What is a Disability?  

In the Equality Act 2010, a disability is defined as ‘a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities’. Substantial means more than minor, such as it takes longer to complete a daily task like getting dressed and long term means more than 12 months.   

 Disabilities can be both visible and invisible. It is commonly reported that people with visible disabilities come across discrimination in everyday life however it is not so commonly reported about discrimination against those with hidden disabilities. Nevertheless, this has become clearer since the introduction ofthe requirement for face coverings to be worn across the United Kingdom.  

Due to COVID-19 face coverings are mandatory in the majority of locations across the United Kingdom, to help stop the spread of the Virus. This has led to many issues for businesses and those with hidden disabilities. The Government has been very clear on the Law behind face coverings however not so clear on how it will be enforced until recent weeks.   

  What is a face covering?  

 The government has defined a face covering as something which safely covers your nose and mouth, which can be single use or reusable. Items of clothing such as scarfs, bandanas, homemade coverings or religious garments are classed as face coverings providing they fit securely around the side of your face. It does not have to be a form of medical PPE.  

  The law behind face coverings  

 Face coverings must be worn in certain places by law cross the United Kingdom these places include public transport, shops, restaurants and places of worship. The police are now able to take action if a person does not comply with the law without a valid exemption. Fines have been put in place to enforce this. On your first offense you could receive a fine of £200, this will double for each offense committed. There are however exemptions to this law, and these include people with various disabilities. These exemptions always include mental disabilities such as wearing or removing a facemask would cause severe distress for example.  

  In 2016 the hidden disabilities sunflower scheme launched. The scheme was intended to notify people that the wearer of the sunflower lanyard needed additional support. This has been adopted globally by many airports and venues and in more recent times supermarkets, emergency services and many small and large businesses. Since the outbreak of COVID-19, the sunflower scheme has been developed to also include exemptions from wearing a face covering. There is not a list of disabilities that qualify however illnesses and conditions such as asthma, COPD and other chronic illnesses could be regarded as a hidden disability. In the UK one in five people have a visible disability however it is suggested that 80% may have a hidden disability.  

Some transport companies have suggested that ‘fake lanyards’ are being used to avoid the necessity of wearing a mask, however no evidence has been produced to suggest that this is the case. People with genuine hidden disabilities have said that they feel discriminated against, leaving them feeling isolated and scared to leave their houses as they cannot wear a mask. Some people feel like everywhere they go they get challenged for not wearing a mask despite wearing the lanyard. Stephen Buckley, from the Mind charity has said “It’s really important not to make assumptions about other people you come across who don’t have their faces covered… openly challenging this is likely to negatively affect their mental health.”  

 Government guidelines state there are exemptions to the requirement to wear face coverings and say that no proof is needed, they have now however, provided an exemption card that can be printed out and more businesses now support the sunflower scheme.

At Staffordshire University Legal Advice Clinic (SULAC) we offer free legal advice on equality and discrimination related matters. If you wish to book an appointment with us call 01782 294 800 or alternatively email SULAC@staffs.ac.uk  

Brad Allmark (Student)

The number of employers that notified the government in June 2020 about plans to cut 20 or more jobs was five times higher than in June 2019. According to the BBC a freedom of information request showed that in June 1,778 employers said they were intending to cut more than 139,000 jobs in England, Wales and Scotland. In June 2019, only 345 firms had plans to cut 24,000 jobs.

Covid 19 was the cause of the cuts due to the reduction in the UK economic output. Employers that are planning to make 20 or more staff redundant have to notify the government using a form called an HR1 Advance Notice of Redundancy. The Government saw an increase in these forms over the financial crisis rising from 500 in March 2020 to 1800 by June 2020. This does not include businesses that plan on removing less than 20 staff as they do not have to notify the Government.

Redundancy is a form of dismissal from your job. It can occur when employers need to reduce the number of employees. If you are being made redundant then you may be eligible for certain things, these include redundancy pay; notice period; a consultation with your employer; the option to move into a different job andtime off to find a new job. If your employer is insolvent, then you have specific rights to deal with this. If you have been made redundant due to COVID 19 then your employer may be able to re-employ you and pay 80% of your wages using the Job Retention Scheme.

The redundancy process does not happen overnight. It includes a consultation period of a minimum 30 days for 20 staff and over, and 45 days for 100 staff or more. If you are selected for redundancy it must be done fairly. This means that you cannot be selected because of age, gender, or if you are disabled or pregnant. If you are then you could claim unfair dismissal. You can be made redundant while on furlough, but the same rules of fairness apply. You cannot be made redundant, or put on notice, while your employer is claiming money from the Job Support Scheme to help fund your role. Some people will have redundancy rights in their contract which may be more generous than the legal minimum.

The economy made a small recovery after the unprecedented economic downturn that happened over the previous months, as workers were asked to go back to work and customers were encouraged to spend more money with schemes like the Eat Out To Help Out restaurant vouchers. However, a number of employers from many of the hardest-hit sectors, such as retail and restaurants, announced big redundancy plans, including Debenhams, DW Sports, Marks & Spencer, Pret a Manger, currency exchange company Travelex, and WH Smith.

At Staffordshire University Legal Advice Clinic (SULAC) we offer free legal advice on employment related matters. If you wish to book an appointment with us call 01782 294 800 or alternatively email SULAC@staffs.ac.uk

Emma Peake (Student)

Work and other activities give couples the opportunity to have time apart. However, this has changed during the Coronavirus lockdown, forcing couples to be together all day every day. This has caused divorce rates to rise.  

In 2019, divorce rates were around 7.5%. However, 9 months into 2020 saw divorce rates rise to 33.3%. Certain law firms have claimed that they have seen a 40% rise in divorce during lockdown, with more expected. A statement from Co-Op Legal Services states that ‘we saw a rise in divorce rates of 42%. It is normal for us to see a rise mainly after the Christmas period, due to finances, stress and other factors however, this year seems to have doubled in figures.’ The BBC also released a statement stating, ‘The impact of Coronavirus has reshaped our personal relationships, forcing us to live with people and isolating us from other people.’ 

‘A spike in divorce was expected’ claimed Nelson Law, ‘couples have been together 24/7 with financial worries, fear, stress and illness. Though, divorce should not be a rushed decision.’ Over 54% of people have lost income or taken a pay cut. A further 39% have applied for unemployment benefits, putting strain on relationships. Leading expert in Family Law, Laura McGuire claims that ‘It is best to undertake mediation or marriage counselling before divorcing.’  

 ‘Domestic violence and alcoholism have increased, also leading to divorces claims Aisha Vardag, a divorce specialist in London.  

Lockdown has given people the time to realise what they want for their future, and in most cases, divorce was long overdue meaning that the pandemic has given people confirmation that divorce was the correct option.  

Staffordshire University Legal Advice Clinic (SULAC) is a Pro-Bono service providing free legal advice. Students are supervised by a qualified solicitor. If you have an issue regarding Divorce, or contact with children, please do not hesitate to contact us. We will advise you on the legal aspects of the area.  Please call 01782 294458 or email SULAC@staffs.ac.uk for an appointment

Charmaine Watkins (Student)

Between April and June 2020, employment rates in the United Kingdom dropped by 220,000 which was the largest quarterly fall for more than a decade, since the UK Financial Crisis. According to The Independent since March, the total number of people who have dropped off company payrolls is 730,000, this increased by 81,000 in July alone.  

Covid-19 has had a major impact on employment rates throughout the UK, this is mainly due to a reduction in employment for over 65’s and also lack of part time jobs for younger people. The number of hours worked weekly during the pandemic was down by 203.3 million hours, this is primarily down to the number of people on the furlough scheme, with 7.5 million people estimated to be away from work during June. 

It was reported that in the UK there were 300,000 people away from work and did not receive pay in August due to the pandemic.  It is reported that the number of Non-UK EU nations in employment in Britain dropped by 284,000, which is the largest drop since 2015, this is due to the hospitality industry being hit hard by the pandemic.  

The Furlough scheme has been criticised for concealing the extent of joblessness in the UK. It is feared that people under the furlough scheme are classified as employed however, fear there will not be a job for them to return to after the Scheme finishes at the end of October.  It is expected that one in three companies will make redundancies in the coming months. 

At Staffordshire University Legal Advice Clinic (SULAC) we offer free legal advice on employment related matters. If you wish to book an appointment with us call 01782 294 800 or alternatively email SULAC@staffs.ac.uk